De Castro vs.

Judicial and Bar Council (JBC)

G.R. No. 191002
March 17, 2010

Facts:
President Gloria Macapagal-Arroyo’s appointment of a Chief Justice successor arose an issue
for the reason that C.J. Puno is set to retire on 17 May 2010 or seven days after the presidential
election. Instant petitions were thus filed and raised motions for reconsideration questioning her
authority to appoint a new C.J. in the light of the ban imposed on presidential appointments two
months immediately before the next presidential elections up to the end of the President’s term
under Section 15, Article VII of the Constitution. A part of the question to be reviewed by the
Court is whether the JBC properly initiated the process, there being an insistence from some of
the opposition-intervenors that the JBC could only do so once the vacancy has occurred (that is,
after May 17, 2010). Another part is, of course, whether the JBC may resume its process until
the shortlist is prepared, in view of the provision of Section 4(1), Article VIII, which unqualifiedly
requires the President to appoint one from the shortlist to fill the vacancy in the Supreme Court
(be it the Chief Justice or an Associate Justice) within 90 days from the occurrence of the
vacancy.

Issue:

WON the incumbent President can appoint the successor of Chief Justice Puno upon his
retirement.

Ruling:

Yes. The incumbent President can appoint the successor of Chief Justice Puno upon his
retirement. The prohibition under Section 15, Article VII does not apply to appointments to fill a
vacancy in the Supreme Court or to other appointments to the Judiciary.

Section 15, Article VII of the 1987 Constitution provides that:

Two months immediately before the next presidential elections and up to the end of his term, a
President or Acting President shall not make appointments, except temporary appointments to
executive positions when continued vacancies therein will prejudice public service or endanger
public safety.

Therefore, the court denied the motions for reconsideration with finality.